Based on the specifics of the situation there are many possibilities of defenses to drug-related charges that a skilled defense attorney in Denver for drug crimes will help you develop. These include:
1. Lack of Knowledge
The lack of knowledge is the term used to describe the defendant who didn’t know it was a drug or believed it was something else. For instance, if a person was handed a pill by another person and was told the pill was indeed a vitamin they are not able to be charged with possession of drugs when it later turns out as MDMA. In these situations in these cases, the lack of information defense could be used to have the charges dismissed or reduced. The final decision on whether this defense work depends on the particular facts.
2. Lack of Control
In Denver like in other areas, if the defendant can show that they were not in control of the substance the accused can establish a legal defense. This usually involves the evidence that somebody else was responsible for the drug or that the accused was not aware of their presence. In the example above, suppose you are arrested for drug possession when police discover substances in your vehicle. In this instance, you could able to avoid a conviction if you prove that the drugs were belonging to your fellow passengers and that you were not aware of their existence.
3. Self-defense
This defense is applicable if the defendant can prove that they were only in possession of the substance to shield them from injury. If, for instance, someone was intimidated by an alleged dealer and subsequently agreed to store their drug to protect themselves the self-defense defense could be a legitimate defense. Another instance where self-defense may apply is when someone is required to sign an illegal drug deal against their own will. This isn’t easy to prove, however it could be possible to assert self-defense in certain cases with success.
4. Necessity
This defense is available to those who can prove that they committed the offense to stop more serious damage from happening. In the example above, if somebody is accused of possessing methamphetamine, they might be able to prove that they used the drug to treat mental illness and that they had no other alternatives. Although this defense may not be efficient, it can be employed to persuade a jury or judge to decide that a person is not guilty of the crime of possession of drugs.
